Dunne v Byrne [1912] UKPCHCA 2

Dunne v Byrne [1912] UKPCHCA 2

The phrase 'as such Archbishop may judge most conducive to the good of religion in this diocese' is too uncertain to constitute a valid charitable trust because it allows application of the funds to purposes that may not be charitable or religious in the legal sense, and the trust is too indefinite to be carried into execution by a court of equity.

Parties
Appellants: The Most Reverend Robert Dunne and another; Respondent: James Byrne
Jurisdiction
Australia
Judgment Date
22 February 1912
Procedural Posture
Appeal / On Appeal From the High Court of Australia
Outcome
Appeal dismissed.
Legal Topics
Charitable Bequest, Certainty in Trusts, Religious Purposes
Trusts and Estates Charities Charitable Bequest Certainty in Trusts Religious Purposes

Case Brief

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Parties

The Most Reverend Robert Dunne and another

Appellants

James Byrne

Respondent

Procedural Posture

Appeal / On Appeal From the High Court of Australia

Legal Issues

  1. 1 Whether a bequest to the Roman Catholic Archbishop of Brisbane and his successors 'to be used and expended wholly or in part as such Archbishop may judge most conducive to the good of religion in this diocese' is a valid charitable bequest

Ratio Decidendi

The phrase 'as such Archbishop may judge most conducive to the good of religion in this diocese' is too uncertain to constitute a valid charitable trust because it allows application of the funds to purposes that may not be charitable or religious in the legal sense, and the trust is too indefinite to be carried into execution by a court of equity.

Court Disposition

Appeal dismissed.

Orders

  • The appeal ought to be dismissed.
  • The costs of both parties as between solicitor and client to be paid out of the estate.